Financial Abuse and Exploitation

Many elderly residents of Greater New York suffer from failing physical and mental health, as well as general frailty. Unfortunately, it is all too easy for those who hold positions of control, trust, or authority with regard to elderly persons to exploit this vulnerable population. If you believe that your loved one has been a victim of financial abuse or exploitation, or any other form of misconduct in a nursing home, experienced Rockland County nursing home abuse lawyer Valerie J. Crown can help you determine whether there has been wrongdoing and what can be done to seek compensation for the abuse.

The dedicated staff at the Law Offices of Valerie J. Crown is available to you 24/7. You can reach Valerie’s cell phone directly at any hour of day or night by calling 845.598.8253. We combine the personal attention of a small firm with the resources of a large firm, handling matters of all sizes while staying focused on each client’s individual objectives.

When improper conduct has occurred in a nursing home or another long-term care facility, it may be possible to seek compensation from the facility if a negligence claim can be proven. Negligence involves four steps: duty, breach of duty, causation, and damages. If, for example, the nursing home breached its duty to screen potential employees for previous crimes against the elderly, it may be possible to hold the facility liable. Likewise, if a lawsuit is filed against an individual employee, it is possible that the facility could be held liable as well under a theory of respondeat superior. This may be used to hold an entity legally accountable for the actions of an employee who was acting in the course and scope of employment.

Financial abuse and exploitation is especially prevalent in nursing home environments, in which residents are particularly dependent and vulnerable. Any time that a nursing home employee or another person illegally or improperly uses a resident’s property, money, bank funds, or other assets, this can be considered financial abuse or exploitation. Sometimes a resident may “go along with” the perpetrator’s use of his or her property, but this may be based upon fear, misunderstanding, undue influence, or deception.

In many situations, financial exploitation is an indication that a nursing home facility is struggling with serious, widespread problems that may affect residents in other ways. People in a home where it is prevalent may also fall victim to physical and psychological harm. The facility may not be properly supervising its staff, and they may not hesitate to strike or neglect residents if they also engage in or condone activities that undermine their financial security. Some common injuries that may result from abuse and negligence in nursing homes include slip and falls, bed sores, malnutrition, dehydration, and failure to thrive.

It is important to take legal action without delay if you are concerned that your loved one may be suffering from any inappropriate conduct at the facility where he or she lives. New York law imposes a statute of limitations on personal injury claims, which starts running from the date that the injury happened. Also, promptly investigating a potential case helps preserve evidence that may be vital in establishing the full scope of the damages that your loved one suffered, such as pain and suffering, medical bills, and the costs of any psychological counseling or therapy.

If you suspect that your loved one has been harmed by abuse or exploitation at the hands of a nursing home employee or in a situation in which the facility should have prevented the abuse, you should talk to an injury lawyer about the possibility of filing suit against anyone who may have been responsible. Knowledgeable Rockland County nursing home abuse attorney Valerie J. Crown is committed to helping families pursue compensation from abusive and negligent nursing homes and assisted living centers. Call us at 845.708.5900, call Valerie’s cell phone at 845.598.8253, or contact us online to schedule a free appointment to discuss your loved one’s situation. Valerie represents people throughout Greater New York, including in Rockland, Westchester, Orange, Dutchess, and Ulster Counties, as well as in New York City.